The York Catholic District School Board has decided not to appeal a recent — and, according to a lawyer on the case, precedent-setting — court decision that ruled it was discriminating against non-Catholic students enrolled in its schools.
“The role of student trustee bears no relationship to any right or privilege held by Catholic separate schools at the time of Confederation and the prospect of students who are not Catholic representing a Catholic school as a student trustee would have no prejudicial affect on such a right or privilege even if it existed at that time,” the decision reads.
The YCDSB told the Star last month it was “very disappointed” by the ruling, and said the board felt student trustees should hold the same qualifications as elected trustees, adding it was examining the ruling to determine next steps. On Wednesday, the board posted ato its website saying it believes the ruling was “unjust” and it “diminishes the importance of the position of student trustee and compromises the integrity of Catholic education.
And after “several days” of reviewing the judgment, the board decided not to appeal, saying it believes the court based its decision on a “fundamental misunderstanding of the role and importance of Catholic student trustees, and unfortunately, this severely limits the chances of a successful appeal.
While Kandaharian’s case involved the YCDSB, other students from neighbouring Catholic school boards served as witnesses and documented their own struggles trying to run for student trustee as non-Catholics, includingAll students on the case were elated by the court’s decision, with Allison Williams, a staff lawyer with Justice For Children and Youth, calling their “courage and tenacity” inspiring.
Williams was also hopeful the decision would motivate other Catholic boards in the province with similar policies to “pre-emptively review and change” them in accordance with the court’s conclusion, “and in promotion of children’s rights.”
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